Understanding Voluntary Dismissals of Lawsuits
Today, we’re discussing voluntary dismissals of cases — specifically, when and how you can have your case dismissed. Hi, I’m OKC dismissal attorney Dillan Savage, and I practice primarily in the Oklahoma City area at Wirth Law Office. Oftentimes, clients will come to me midway through litigation or even before it begins and say, Mr. Savage, I’ve changed my mind, I no longer want to proceed, please dismiss my case.
In most situations, I can accommodate this request. However, there are certain circumstances where permission from other parties may be required before I can proceed with the dismissal.
Filing a Notice of Dismissal
If you’ve filed a civil or family action before pretrial and the other party has either only answered or hasn’t entered the case at all, you can file a notice of dismissal without needing anyone’s permission. At that point, the case is simply dismissed from the docket, and that’s the end of it.
However, if you’re past the pretrial stage or if the other party has filed a counterclaim or counterpetition, you will need either their permission or the court’s approval before dismissing your case.
Key Conditions for Dismissal
To summarize: You are entitled to dismiss your case before pretrial or if the other party hasn’t filed a counterclaim or petition. If those conditions are not met, you’ll need the consent of the other party or permission from the court.
If you found this video helpful or think it could benefit someone else, please visit TheOklahomaCityAttorney.com. Again, I’m Oklahoma City family law attorney Dillan Savage, and thank you for watching!
Get Expert Legal Assistance Today
If you’re considering a voluntary dismissal of your case and need personalized advice, contact us for a low-cost consultation. Call us at 405-888-5400 to discuss your situation and explore your options.
